SMITH (AS ADMINISTRATOR OF COSSLETT CONTRACTORS) v BRIDGEND COUNTY BOROUGH COUNCIL

[2002] BLR 160

HOUSE OF LORDS

Lord Bingham of Cornhill, Lord Browne-Wilkinson, Lord Hoffmann, Lord Scott of Foscote and Lord Rodger of Earlsferry

ICE Conditions 5th Edition - Clause 63(1): employer’s right to use contractor’s plant to complete contract and to sell the plant - Employer’s right constituting a floating charge requiring registration under section 395 of Companies Act 1985 - Failure to register making it void as against the administrator and company in administration - Consent of employer to removal of plant by third party amounting to the tort of conversion.